The miracle arc of universe is long but it bends towards justice. Discuss the concerns related to the removal of judges in India and ways to reform it.

Judges and Chief Justices of the Supreme Court of India and the state High Courts can be removed from service�only through the process of impeachment under Article 124 (4) of the Constitution.
Process of removal:

  • A motion of impeachment addressed to the President is to be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha
  • The motion is to be investigated by a committee of 3 judges of the Supreme Court and a distinguished jurist
  • If the judge is found guilty of misbehavior, the motion along with the report of the committee is�taken up for consideration in the House where motion was moved
  • The judge is then removed by the majority of total and 2/3 of its members present and voting

Concerns:

  • Judges undergo a�political process of voting which may or may not impeach judges despite a 3-member committee holding the Judge guilty
  • The process of removal harms judicial independence
  • The words �misbehaviour� or �incapacity� have neither been defined nor clarified in the Constitution
  • The process�of removing a judge is�too elaborate and somewhat cumbersome
  • Impeachment process is�neither entirely political nor entirely judicial.

Reforms needed: There is an urgent need to maintain judicial independence .It should be given enough power without political inference.
 

Published: June 24, 2019 | Modified:December 1, 2019

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